TUSLA AND THE FAMILY COURTS: WHY DO THOSE WITH POWER TO CONFRONT INSTITUTIONAL FAILURE FAIL TO DELIVER CHANGE?
In Julius Caesar, Shakespeare’s Cassius tells Brutus:
“The fault, dear Brutus, is not in our stars,
But in ourselves, that we are underlings.”
Power is sustained not only by those who exercise it, but by the inaction of those who could challenge it. The parallel with Ireland’s handling of Tusla and the family courts is striking.
Governments have heard warnings about children in care, parents’ treatment, safeguarding and whistleblowers through judgments, Oireachtas debates, inspections and families’ testimony.
The problems are known. Why do remedies so rarely follow?
WHEN COURT ORDERS DO NOT PRODUCE PROTECTION
High Court cases have exposed children at risk of exploitation and drug-related harm without available special care placements. Judges have criticised failures to implement orders.
A court order is not a suggestion. Staffing shortages may explain difficulties, but explanations are not accountability. Responsibility cannot disappear between Tusla, Government and the courts.
FAMILY COURTS: PRIVACY AND SCRUTINY
Family court decisions shape childhoods. The in-camera rule protects privacy, but must not obstruct scrutiny. Judicial independence matters, as do adequate laws and safeguards.
Judgments have stressed fairness, children’s views and parents’ rights to challenge evidence. But how many families can afford litigation? Inaccessible rights offer limited protection.
WHEN OVERSIGHT REPLACES ACTION
Ireland has plenty of reports, inspections and hearings. Ministers express concern, agencies promise improvement and recommendations follow.
But were recommendations implemented? Were children made safer? Did families obtain remedies? Where misconduct was established, did consequences follow?
A parliamentary hearing is not a remedy. A ministerial assurance is not a safeguard. A recommendation is not reform until it is implemented and shown to work.
THE RESPONSIBILITY OF THE IRISH BODY POLITIC
Tusla, ministers, civil servants, parliamentarians, regulators and judges have distinct responsibilities. Those distinctions matter, but must not become excuses for endlessly passing responsibility elsewhere.
When failures occur, who knew, who could act and what was done? This demands institutional responsibility, not political interference in court decisions.
THE HUMAN COST
Behind the language of governance and capacity are traumatised children, separated parents and professionals raising concerns.
An apology cannot restore a year of childhood. Parents unjustly separated from children cannot recover lost years after an error is acknowledged. Accountability means human outcomes, not procedures.
WHISTLEBLOWERS AND SILENCE
Whistleblowers deserve fair examination, not retaliation or exposure. If speaking out risks careers, others may remain silent. When children’s safety is at stake, silence can be devastating.
HAS FAILURE BECOME NORMAL?
A disturbing case emerges. There is outrage. Questions are asked in the Oireachtas. A minister expresses concern. A review is announced. Attention moves on. Then another case emerges.
The danger is that the political system becomes better at managing controversy than resolving its causes. Promises of reform become routine, and the extraordinary becomes normal.
Many professionals are dedicated. Child protection is complex, but that cannot excuse persistent failure. Problems must be investigated, remedied and prevented from recurring.
Shakespeare’s challenge remains: we must examine not only what Tusla and the family courts do, but what those entrusted with overseeing them fail to do.
Have those with the power to confront institutional failure become so accustomed to it that their own inaction is now part of the problem?
Until that question is confronted, the distance between political promises and justice for children and families may remain as wide as ever.